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Martinovsky v. County of Alameda

United States District Court, N.D. California

July 29, 2016

GARY MARTINOVSKY, M.D., and INTEGRATED PAIN CARE, INC., Plaintiffs,
v.
COUNTY OF ALAMEDA, DISTRICT ATTORNEY NANCY E. O'MALLEY, in Her Official and Individual Capacities, DA INSPECTORS JOHN PAUL WILLIAMS and EDDIE BERMUDEZ, CALIFORNIA DEPARTMENT OF INSURANCE DETECTIVE FERNANDO CUBANGBANG, and DOES 1 to 20, Defendants.

          Gary Martinovsky, M.D., Plaintiff, represented by Michael J. Haddad, Haddad & Sherwin LLP, Julia Sherwin, Haddad & Sherwin LLP, Maya Melissa Sorensen, Haddad and Sherwin, Thomas Kennedy Helm, IV, Haddad & Sherwin LLP & John Burton, The Law Offices of John Burton.

          Integrated Pain Care, Inc., Plaintiff, represented by Michael J. Haddad, Haddad & Sherwin LLP, Julia Sherwin, Haddad & Sherwin LLP, Maya Melissa Sorensen, Haddad and Sherwin, Thomas Kennedy Helm, IV, Haddad & Sherwin LLP & John Burton, The Law Offices of John Burton.

          County of Alameda, Defendant, represented by Michael Charles Wenzel, Bertrand Fox & Elliot, John P. Devine, Office of the Attorney General & Talia Bari Saypoff, Bertrand, Fox, Elliot, Osman & Wenzel.

          DA Inspector Eddie Bermudez, Defendant, represented by Michael Charles Wenzel, Bertrand Fox & Elliot, John P. Devine, Office of the Attorney General & Talia Bari Saypoff, Bertrand, Fox, Elliot, Osman & Wenzel.

          Detective Fernando Cubangbang, CA Department of Insurance, Defendant, represented by John P. Devine, Office of the Attorney General.

          District Attorney Nancy E. O'Malley, in Her Official and Individual Capacities, Defendant, represented by Michael Charles Wenzel, Bertrand Fox & Elliot, John P. Devine, Office of the Attorney General & Talia Bari Saypoff, Bertrand, Fox, Elliot, Osman & Wenzel.

          DA Inspector John Paul Williams, Defendant, represented by Michael Charles Wenzel, Bertrand Fox & Elliot, John P. Devine, Office of the Attorney General & Talia Bari Saypoff, Bertrand, Fox, Elliot, Osman & Wenzel.

          STIPULATION TO EXTEND TIME TO FILE OPPOSITIONS TO MOTIONS TO DISMISS AND TO CONTINUE HEARING; ORDER

          MAXINE M. CHESNEY, District Judge.

         The parties hereto, through their respective attorneys of record, hereby stipulate and agree, should the Court find it appropriate and convenient, as follows:

         On January 22, 2016, Plaintiffs filed their Complaint in the above captioned action;

         Pursuant to an agreed-upon extension of time, on April 7, 2016, Defendants County of Alameda, Nancy E. O'Malley, John Paul Williams, and Eddie Bermudez (the "County Defendants") filed a Motion to Dismiss Plaintiffs' Complaint and, in the alternative, Motion for a More Definite Statement; and on April 8, 2016, Defendant Cubangbang filed a Motion to Dismiss Plaintiffs' Complaint and, in the alternative, a Request to Stay the matter. Plaintiffs timely filed oppositions.

         On May 20, 2016, the Court heard oral argument on Defendants' motions, and issued an order with various rulings, and granted Plaintiffs leave to file an amended complaint no later than June 24, 2016.

         Plaintiffs timely filed the First Amended Complaint, requiring Defendants' to respond by July 8, 2016. That date was continued by stipulation and order to July 25, 2016. Defendants timely filed motions to dismiss and for other relief, with a hearing set for September 9, 2016.

         The Initial Case Management Conference is scheduled for September 16, 2016, with the joint case management ...


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